President Mukherjee must reject the Food Security ordinance

It is an opportunity for the President to assert the authority and independence of his office by rejecting a clearly political move that is a
slap in the face of constitutional morality, writes
Nitin Pai.

The UPA government's Food Security Bill
(brief)
is likely to cause severe damage to the Indian economy, while saddling future generations with an open-ended
spending commitment that will be hard to wind down. The government's own Commission on Agricultural Costs and Prices and the Expert Committee
(report)
headed by
the chairman of the Prime Minister's Economic Advisory Council
(report)
have argued against it. As Ravikiran Rao argues in Pragati, the scheme will not only widen
India's gaping fiscal deficit, but severely distort the national food supply chain.

But you do not have to agree with the bill's critics to acknowledge that a bill on which there is no consensus even among the government's top economic experts,
which imposes a burden on future generations, at a time when the Indian economy is in doldrums and the investors, domestic and foreign, are wary about investing
in India, should not be implemented in a hurry.

Yet that is exactly what the UPA government is attempting to do. After emotional blackmail.for which purpose Nobel laureate Amartya Sen was recruited.failed to
persuade parliament in the previous session, the Union Cabinet has now decided tosneak it through an ordinance.

Under the Constitution, an ordinance is an emergency provision, equipping the Executive to implement measures when the Parliament is not in session. The ordinance
must be approved by both houses of Parliament the next time they convene and "shall cease to operate at the expiration of six weeks from the reassembly of
Parliament". What is important to note is the debates in the Constituent Assembly, the wording of the Constitution and Supreme Court judgements are clear that
issuing ordinances is an emergency provision to be used at extraordinary times. Chief Justice P N Bhagwati, heading a Constitution Bench in D C Wadhwa vs.
State of Biharheld that ...

"The power to promulgate an Ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be allowed to be 'perverted to serve
political ends'. It is contrary to all democratic norms that the Executive should have the power to make a law". [1987 AIR 579, 1987 SCR (1) 798/IndiaKanoon]

There is no doubt that there are many right-thinking Indians who believe that the food security bill is a good thing. However, it will be
hard for any reasonable person to conclude that the situation in India is dire enough to bulldoze constitutional and democratic norms and
present parliament with a fait accompli.

The Union Cabinet's decision to implement the food security bill.that is still in Parliament.through an ordinance flies against the face of the letter and spirit
of the Constitution. Justice Bhagwati's ruling is clear.an ordinance can only be used to meet an extraordinary situation, not perverted to serve political ends.

Where is the extraordinary situation? Where is the food emergency? Is there a famine in the country? Is a famine projected? If there is no extraordinary
situation, then the Union Cabinet's decision to wrap its political pet project in the garb of an emergency is against constitutional morality. It is perhaps
unconstitutional as well.

There is no doubt that there many right-thinking Indians who believe that the food security bill is a good thing and that it will even provide food security as
intended. However, it will be hard for any reasonable person to conclude that the situation in India is dire enough to bulldoze constitutional and democratic
norms and present parliament with a fait accompli.

The argument that the ordinance is necessary because Opposition parties have not allowed Parliament to function does not wash. While the BJP has provided the
Congress party with a seemingly plausible excuse, the Union Cabinet is bound by the Constitution. It is sworn to uphold the Constitution. It cannot refuse to
perform this duty merely because the Opposition is not playing by the rules. If we are to buy the premise that two wrongs make a right, we are either in a jungle
or in a banana republic.

President Pranab Mukherjee is perhaps sympathetic to Sonia Gandhi's ideological persuasions. As a life-long Congressman, he might be inclined towards the party's
socialist leanings. Yet when the ordinance comes before him, the only question he must ask is .Is there an extraordinary situation that demands this ordinance?.
Parliament convenes in a few weeks. Can this not wait until then?

The Indian Republic's history is replete with presidents, who despite being lifelong Congressmen, have had the integrity, courage and statesmanship to question
Congress-led governments. It is up to President Mukherjee to decide whether he wants to be a Fakhruddin Ali Ahmed or a Rajendra Prasad.

Nandakumar V
Nitin,
We can't stop you from indulging in fanciful wishes, can we. In any case, we join you in hoping/wishing that he does a Prasad,Rajendra and not Lalu !

July 05 2013, 5:03 AM ·
0 ·
0

Rajiv
The very reason that Mr.Pranab is sitting there is to stamp whatever congress govt throws at him. Can you expect anything different this time

July 18 2013, 5:52 PM ·
0 ·
0

harish
In this bill nothing is clear about Supere court's order neither Government's social responsibility . it indicates that Govt moved it for political gain not in the interst of people facing starvation .

India Together offers an excellent forum for people from diverse fields of expertise to present their views, share their experiences and raise questions about where our country and society are headed in the future.

Amitabha Basu

Retired Scientist

National Physical

Laboratory

India Together reader

India Together offers an excellent forum for people from diverse fields of expertise to present their views, share their experiences and raise questions about where our country and society are headed in the future.

I urge all democratic-minded individuals to road, contribute to and publicise the e-newsletters from India Together. All power and success to India Together staff for their excellent and vital contribution to our society!